Apex EDI Developers

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Terms of Service

  1. Your Acceptance
    • Welcome to the Apex EDI website operated by Apex Electronic Data Interchange, Inc., a Utah corporation (“Apex EDI”). Apex EDI’s system allows providers to verify patients’ eligibility, file and track online claims, include electronic attachments, create billing statements and mail them to patients, and receive electronic remittance advice (ERA) from payers. In certain circumstances, Apex EDI will print, fold, stuff, seal, meter, and mail claims to payers and/or bills to patients on your behalf. By using and/or visiting the website www.ApexEDI.com, including all Content (as defined below) available through ApexEDI.com and any associated content such as email feeds and RSS feeds (collectively, the “Website”), you signify your agreement to these terms and conditions (the “Terms of Service”).
    • If you wish to use Apex EDI’s software and services, you must enter a separate services agreement with Apex EDI. Please contact Apex EDI, 1-800-840-9152, 476 N. 1500 W., Orem UT 84057 for more information.
    • You acknowledge (a) that you have read and understood these Terms of Service; and (b) that these Terms of Service have the same force and effect as a signed agreement. If you wish to request information, you must type “I accept” in the box below and then click the Submit button. You agree that taking these two steps constitutes your valid signature on this Terms of Service agreement under the Uniform Electronic Transaction Act. Utah Code 46-4-101, et seq. You affirm that you have the authority to accept this agreement on behalf of the medical or dental provider or other contracting party. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Service, and to abide by and comply with these Terms of Service. This Website is not intended for children under 13. If you are under 13 years of age, then please do not attempt to register an account on or use the Website.
    • ATTENTION: PLEASE READ OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF SERVICE, CAREFULLY BEFORE USING THIS WEBSITE. ACCESSING ANY PART OF THIS WEBSITE OR ASSOCIATED CONTENT SUCH AS EMAIL FEEDS AND RSS FEEDS INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THIS WEBSITE OR ASSOCIATED CONTENT AND LEAVE THE WEBSITE IMMEDIATELY.
    • We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website. You agree that Apex EDI shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Service.
    • These Terms of Service were last revised on April 15, 2013. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF SERVICE. These Terms of Service include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you, in Sections 4 and 8-12. Please review those sections (and all of other terms) carefully.
  2. Privacy Policy
    • Our Privacy Policy describes the information Apex EDI collects when you and others use this Website. It also describes how Apex EDI uses any personal information you share with it. Our Privacy Policy is part of these Terms of Service. By agreeing to these Terms of Service, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.
  3. Software Services
    • In addition to these Terms of Service, if you purchase a subscription to our claims processing or other services the terms found here [make “here” a link to the Services Agreement] shall apply to such subscription.
  4. Links to and From the Website
    1. The Website may contain links to third party websites that are not owned or controlled by Apex EDI. Apex EDI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, Apex EDI will not and cannot control or edit the content of any third-party site. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE APEX EDI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE APEX EDI PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions of use for each other website that you visit.
    2. Except as you have otherwise agreed with Apex EDI, you may link to the Website from your website, subject to the following: (1) you may not frame the Website or any portion of the Website (except you may do so with functionality provided by Apex EDI, if any); (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Apex EDI name and not any Apex EDI logo; (4) you may not use any Apex EDI logo in any way; (5) you may not use the link in any way that suggests that Apex EDI is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Apex EDI or damages its reputation or goodwill; and (7) we may terminate your right to link to the Website at any time for any reason or no reason.
  5. Website Access/Users Who Violate Terms of Service
    1. Apex EDI hereby grants you permission to use the Website as set forth in these Terms of Service and demonstrated by the Website’s functionality, provided that: (1) you will not copy, download or distribute any part of the Website in any form or medium without Apex EDI’s prior written authorization, except as permitted in Section 7 below; (2) you will not alter, modify, or make derivative works from any part of the Website without Apex EDI’s prior written authorization, except as permitted in Section 7 below; and (3) you will otherwise comply with these Terms of Service.
    2. Apex EDI may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Service, including, but not limited to, the accounts of users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.
  6. Restrictions on Use of the Website
    1. In your use of the Website, you shall not:
      • provide false personal information or create an account for anyone other than yourself without permission;
      • If we disable your account, you will not create another one without our permission;
      • share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
      • assign or transfer your account or login information to anyone;
      • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
      • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law; • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party.
      • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
      • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
      • impersonate or misrepresent any person or entity or your affiliation with someone else;
      • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website; or
      • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website.
      • use any discussion forum on the Website to advertise or perform any commercial solicitation.
    2. Apex EDI will fully cooperate with any law enforcement authorities or court order requesting or directing Apex EDI to disclose the identity of anyone violating these Terms of Service.
    3. Apex EDI believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, you may not post any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on the Website.
  7. Intellectual Property Rights
    1. Everything you see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Apex EDI, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Apex EDI owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. APEX EDI, the Apex EDI logo, APEX ONE TOUCH, ONE TOUCH, APEXCONNEX, APEXWIN, THE PRACTICE ACCELERATOR, PROFILE BUILDER, PAYERLINK SETUP, PROGRAM LAUNCH, POWERTOOLS SYSTEM, TOTALCARE PROGRAM, DAILY ADVISOR, and CASH DELIVERY are trademarks of Apex EDI.
    2. Content on the Website is provided to you AS IS for your information and personal use only. For your personal use, you may view, copy, and print pages of the Website. Otherwise, unless specifically enabled by the Website’s functionality, Content may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Apex EDI reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Apex EDI in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Apex EDI. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
  8. User Submissions
    1. The Website may permit the submission of text, graphics, art work, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published or posted, Apex EDI (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of submitting them. However, by submitting the User Submissions to Apex EDI, you hereby grant Apex EDI and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Apex EDI’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels.
    3. In connection with User Submissions, you represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Apex EDI all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Apex EDI or any third party; (iii) submit material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. Apex EDI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Apex EDI expressly disclaims any and all liability in connection with User Submissions.
  9. Advertisements/Release
    • Apex EDI takes no responsibility for advertisements or any third party material posted on Apex EDI, nor does it take any responsibility for the products or services provided by advertisers, groups, partners or others that post profiles or other Content on the Website (“Advertisers”). Any dealings you have with Advertisers found while using the Website are between you and the Advertiser, and you agree that Apex EDI is not liable for any loss or claim that you may have against an Advertiser.
    • BECAUSE WE DO NOT SUPERVISE OR CONTROL THE INTERACTIONS AMONG OR BETWEEN USERS AND OTHER PERSONS OR COMPANIES, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY INDIVIDUALS OR COMPANIES OTHER THAN APEX EDI, AND BECAUSE WE DO NOT CONTROL CREDIT CARD COMPANIES OR OTHER PAYMENT PROCESSING COMPANIES, AND BECAUSE WE CANNOT GUARANTEE THE TRUE IDENTITY, AGE, NATIONALITY OF USERS OR ADVERTISERS, AND BECAUSE WE HAVE VERY LIMITED CONTROL, IF ANY, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE WEBSITE, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE APEX EDI (AND APEX EDI’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, YOUR TRANSACTIONS WITH USERS OF THE WEBSITE, ADVERTISERS, OR OTHER THIRD PARTIES, APEX EDI’S RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR THE ACTIONS OF YOU OR OTHER PERSONS. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
  10. Warranty Disclaimer
    • YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE APEX EDI PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, ANY SERVICE PROVIDED BY APEX EDI, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY APEX EDI, AND ANY AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, APEX EDI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES LINKED TO THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE APEX EDI SOFTWARE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS OR PARTNERS WILL MEET YOUR EXPECTATIONS. APEX EDI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE INCLUDING ANY SERVICE AND ANY APEX EDI SOFTWARE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT APEX EDI HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF ANY ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
  11. Limitation of Liability
    • IN NO EVENT SHALL THE APEX EDI PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE, APEX EDI SERVICES OR THE APEX EDI SOFTWARE, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, APEX EDI SERVICES, OR THE APEX EDI SOFTWARE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) USER SUBMISSIONS, THIRD PARTY WEBSITES, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT; OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APEX EDI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    • Any claims relating to use of the Website must be bought within one (1) year from the date the cause of actions arose. Claims brought after such period are VOID. The Website is controlled and offered by Apex EDI from its facilities in the United States of America. The Website is intended for use in the United States only. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
  12. Indemnity
    • YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE APEX EDI PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR THE APEX EDI SOFTWARE; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR APEX EDI ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR USING YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE. IF APEX EDI DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, APEX EDI WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO APEX EDI.
  13. Assignment
    • These Terms of Service, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Apex EDI’s prior written consent, but may be assigned by Apex EDI without restriction and without notice to you.
  14. Modifications to Service
    • Apex EDI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Apex EDI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
  15. Export Control
    • Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
  16. General
    • You agree that: (i) the Website shall be deemed solely based in Utah, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Apex EDI, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed solely by United States and Utah law, without regard to conflict of law provisions. Any claim or dispute between you and Apex EDI or its officers, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake City, Utah. You further irrevocably agree to submit to the personal jurisdiction of the courts located within Salt Lake City, Utah for the purpose of resolving all such claims or disputes. These Terms of Service and any other legal notices published by Apex EDI on the Website, shall constitute the entire agreement between you and Apex EDI concerning the Website. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Apex EDI’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Apex EDI reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
  17. Questions
    • If you have questions, please contact Apex EDI by emailing us at service@apexedi.com; calling us at 1-800-840-9152; or at 476 N. 1500 W., Orem UT 84057 Last revised: April 15, 2013

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